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Page 1: Freedom of Expression is a Human Right

FREEDOM OF

EXPRESSION

IS A

HUMAN RIGHT

Page 2: Freedom of Expression is a Human Right

Everyone has the right to freedom of opinion and

expression; this right includes freedom to hold

opinions without interference and to seek, receive

and impart information and ideas through any

media and regardless of frontiers.”

– Article 19, Universal Declaration

of Human Rights

Page 3: Freedom of Expression is a Human Right
Page 4: Freedom of Expression is a Human Right

Freedom of expression is a fundamental human

right and a basic component of a democratic

society.”

– OSCE Commitment, Budapest 1994(similar: Vienna 1989, Copenhagen 1990, Istanbul 1999)

Page 5: Freedom of Expression is a Human Right

Freedom of expression explicitly comprises

information or ideas that “offend, shock or disturb

the State or any sector of the population.”

– European Court of Human Rights 1997

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The European Parliament, […] is aware of the use

of defamation, blasphemy and libel laws, as well as

legislation referring to ‘the degrading of the

country’s image abroad’ […] in order to imprison

or censor journalists and block free expression”.

– European Parliament

resolution of 13 June 2013

Page 7: Freedom of Expression is a Human Right

The EU should […] firmly oppose any attempt to

criminalise freedom of speech in relation to

religious issues, such as blasphemy laws”.

– European Parliament

recommendation to the Council of 13 June 2013

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Limitations to freedom of

expression:

other human/basic rights, i.e.,

human dignity and physical

integrity the “dignity” of a

god, prophet or religion can’t

be a legally protected right

Page 9: Freedom of Expression is a Human Right

Principle of the

separation of power:

an independent court has

to judge but in no way

politics

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Restrictions […] have to be understood as

exceptions to the general rule that individual

freedom must be respected.”

– OSCE Human Dimension

Commitments Handbook

Page 11: Freedom of Expression is a Human Right
Page 12: Freedom of Expression is a Human Right

Everyone shall have the right to express his opinion freely in

such manner as would not be contrary to the principles of the

Shari'ah. Everyone shall have the right to advocate what is

right, and propagate what is good, and warn against what is

wrong and evil according to the norms of Islamic Shari'ah.

Information […] may not be exploited or misused in such a

way as may violate sanctities and the dignity of Prophets, […]

corrupt or harm society or weaken its faith.”

– The Cairo Declaration on Human Rights

in Islam (Art. 22)

Page 13: Freedom of Expression is a Human Right

So what?

1) UN-Bodies, e.g., Committee on the Elimination of Racial

Discrimination (CERD)

2) Resolution 16/18 or Rabat Plan of Action leads to

custom law forces states to change their laws

Page 14: Freedom of Expression is a Human Right

Bavarian State Office for Constitutional Protection

and other German authorities

Fatal conceptual blending of “Islamophobia,” “hostility

toward Islam,” “hostility toward Muslims” or “anti-Muslim

racism.”

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You can say that Muhammad married a six-year-old girl and

consummated the marriage when she was nine. Calling this

‘pedophilia’ constitutes an excessive value judgment.”

– Court ruling December 2011,

case against Elisabeth Sabaditsch-Wolff

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Thank you for your attention!

www.stresemann-foundation.org

www.paxeuropa.de